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STF2021-0001-RLUIPA.Request.rvsd.fnlpE ED%4, City of Edmonds 121 FIFTH AVENUE N. • EDMONDS, WA 98020 9425-771-0220 DEVELOPMENT SERVICES DEPARTMENT Mike Nelson - Mayor January 12, 2021 To: Ann Jacob, United Methodist Church Pastor From: Shane Hope, City of Edmonds Development Services Director Subject: STF2021-0001 Determination for RLUIPA Request from the United Methodist Church in Edmonds Request Summary: The United Methodist Church in Edmonds (UMC), at 828 Caspers Street, has made a request to allow an exemption to the zoning code's restriction on storage of four buses, which are not owned or operated by the church, at the church site. Findings: Under RLUIPA, religious organizations have some leeway in complying with local zoning regulations that are deemed to infringe on the organization's religious practices. The City has considered the facts of this situation per the UMC request (# STF2021-0001), including: ❑ ECDC 17.100.020 provides specific regulations for churches, which are allowed in all residential, business, and commercial zones. The storage of buses could ordinarily be considered a secondary use and subject to a conditional use permit. ❑ The UMC is located in a single-family zone —actually split between two such zones (RS-12 and RS-8). Storage is not a primary or secondary use in RS zones, pursuant to ECDC 16.20.010. Furthermore, ECDC 17.60.040.F states that "the storage of any vehicle on any residentially zoned property which does not have a dwelling unit is prohibited unless the property is adjacent to a property with a dwelling unit owned by the some person. Vehicles shall be registered to that specific dwelling unit." Since the organization requesting to store the buses on the site does not operate out of the church and the buses are not licensed to the church, the proposal is also not compliant with ECDC 17.60.040.F. If the vehicles were licensed to the church they could be stored on the site. The bus storage would be at the church's parking lot for no more than six months. ❑ UMC has provided information in a questionnaire from the City about the proposed use being connected to the church's mission. ❑ The four buses are not owned by the UMC but providing temporary storage is believed to help implement the UMC'S mission. ❑ If the buses were actually owned by the church, they would be allowable in an IRS zone. In this case, they are owned by an organization that the UMC seeks to support. ❑ This particular use has little direct impact on the neighborhood. Furthermore, because it is temporary AND the use is not dissimilar in form from what could otherwise be allowed there, it does not need screening or some other aesthetic mitigation. ❑ A UMC representative will notify the site's adjacent households of this use. Determination: The UMC may provide the temporary storage of four buses (belonging to the Trans Women of Color Solidarity Network) on the church's parking lot for a period of six months, beginning January 15, 2021, provided that another starting date may be allowed if the UMC notifies the City in a timely manner.